Legislative update
Editor's Note: This is Part I of our Legislative Report for 2006. This Report requires all or parts of two issues because of its length. A good portion of this report has been extracted from the legislative report of the Illinois School Management Alliance. Thanks to my Co-Editor, Marcy Dutton, and her staff at IASA for this information. Extensive editing has been performed in order to meet our space limitations.
—Phil Milsk, Co-Editor
Boards of Education
HB 4310--Oath of Office for School Board Members
Primary Sponsors: House: Kosel; Senate: Pankau
Chapter References: 105 ILCS 5/10-16.5 new
105 ILCS 5/10-16.7 new
Summary: Requires that newly elected school board members take an oath of office – a form of the oath to be taken is contained in the legislation. It also states school board member duties as they relate to the superintendent – the school board shall direct, through policy, the superintendent in his or her charge of the administration of the school district concerning the budget, building plans, location of sites, selection, retention, and dismissal of employees, and the selection of textbooks, instructional material, and courses of study.
Last Action: Public Act 94-881; Effective June 20, 2006.
HB 4832--Community Service Education Act
Primary Sponsors: House: Flider; Senate: F. Watson
Chapter Reference: New Act
Summary: Creates the Community Service Education Act to allow a school district to establish and operate a community service education program that qualifies for a grant from the State Board of Education. The program is voluntary for school districts. The Act recommends that a program should be mutually beneficial for the school district and community, have school facilities available for citizen use, have local resident input and provide effective youth training and involvement.
Last Action: Public Act 94-904; Effective June 22, 2006.
HB 5375--Mandated Reporting of Child Abuse
Primary Sponsors: House: Chavez; Senate: Hunter
Chapter Reference: 325 ILCS 5/4
Summary: Provides that If an allegation is raised to a school board member during the course of an open or closed school board meeting that a child who is enrolled in the school district of which he or she is a board member is an abused child as defined in Section 3 of the Act, the member shall direct or cause the school board to direct the superintendent of the school district or other equivalent school administrator to comply with the requirements of this Act concerning the reporting of child abuse.
Last Action: Public Act 94-888; Effective June 20, 2006.
SB 585--Open Meetings Act – Electronic Communication
Primary Sponsors: Senate: Cullerton; House: Flider
Chapter References: 5 ILCS 120/1.02
5 ILCS 120/2.01
5 ILCS 120/2.05
5 ILCS 120/2.06
5 ILCS 120/7 new
Summary: Amends the Open Meetings Act to redefine “meeting” to include gatherings, whether in person or by telephone call, video or audio conference, electronic means (such as e-mail, chat, and instant messaging), or other means of contemporaneous interactive communication for the purpose of discussing public business. It requires that the number of public body members necessary to constitute a quorum must be physically present at an open meeting and permits participation and voting by other members by audio and video conference. The bill also requires that a quorum of members of a public body must be physically present at a closed meeting and permits participation and voting by other members by video or audio conference.
Last Action: Public Act 94-1058; Effective January 1, 2007.
SB 1497--Pre-School for All Program
Primary Sponsors: Senate: Lightford; House: Currie
Chapter Reference: 105 ILCS 5/2-3.71
Summary: The bill contains the language for the Governor's “Pre-School for All Children” program by expanding the current preschool provisions in the School Code. The grants, based on the appropriations the legislature makes in a given year, will give first priority to at-risk children and second priority to qualified programs serving primarily children with a family income of less than 4 times the federally-defined poverty level. The provisions expire on June 30, 2008. Funding for this grant program in FY 2007 was increased by $45 million.
Last Action: Public Act 94-1054; Effective July 25, 2006.
SB 2191--Financial Literacy Instruction
Primary Sponsors: Senate: Collins; House: Yarbrough
Chapter References: 30 ILCS 105/5.663 new
105 ILCS 5/27-12.1
Summary: Requires that, as part of consumer education in high school, the instruction must include an understanding of the basic concepts of financial literacy, including installment purchasing, budgeting, savings and investing, banking, understanding simple contracts, State and federal income taxes, personal insurance policies, and the comparison of prices. It also creates the Financial Literacy Fund as a special fund in the State treasury to provide that all money in the fund shall be used by the State Board of Education to award grants to school districts for certain financial literacy purposes and allows a school board to establish a special fund, with moneys to be used for certain financial literacy purposes. Finally, the bill urges the State Board, upon the next comprehensive review of the Illinois Learning Standards, to include the basic principles of personal insurance policies and understanding simple contracts.
Last Action: Public Act 94-929; Effective June 26, 2006.
SB 2303--Good Samaritan – First Aid
Primary Sponsors: Senate: Burzynski; House: Myers
Chapter Reference: 745 ILCS 49/67 new
Summary: Grants immunity from civil damages resulting from acts or omissions for any person who is certified in first aid by the American Red Cross or the American Heart Association and who, in good faith, provides medical care without fee to another person. The bill creates an exception for wanton and willful misconduct.
Last Action: Public Act 94-825; Effective July 1, 2006.
SB 2455--Abandoned Newborns Education
Primary Sponsors: Senate: Trotter; House: Coulson
Chapter References: 105 ILCS 5/27-9.1
105 ILCS 110/3
30 ILCS 805/8.30 new
Summary: Moves the provisions requiring course material and instruction to advise students of the Abandoned Newborn Infant Protection Act out of the sex education provisions of the School Code and into the health education provisions.
Last Action: Public Act 94-933; Effective June 26, 2006.
SB 2630--Bullying Prevention
Primary Sponsors: Senate: Lightford; House: Lang
Chapter Reference: 105 ILCS 5/27-23.7 new
Summary: An initiative of the Illinois Coalition Against Sexual Assault (ICASA), it provides that each school district may make suitable provisions for instruction in bullying prevention in all grades and include such instruction in the courses of study regularly taught therein. It allows a school board to collaborate with a community-based agency providing specialized curricula in bullying prevention whose ultimate outcome is to prevent sexual violence. The State Board of Education may assist in the development of instructional materials and teacher training in relation to bullying prevention. New funding in the amount of $1 million was appropriated for grants authorized by this legislation.
Last Action: Public Act 94-937; Effective June 26, 2006.
SB 2728--Meningitis Education Material
Primary Sponsors: Senate: Viverito; House: Gordon
Chapter Reference: 20 ILCS 2310/2310-391 new
Summary: Requires the Department of Public Health to develop educational materials on meningitis for distribution in elementary and secondary schools.
Last Action: Public Act 94-0769; Effective May 12, 2006
SB 2795--Reorganization of School Districts
Primary Sponsors: Senate: Shadid; House: M. Smith
Chapter References: 10 ILCS 5/28-2
105 ILCS 5/1B-21
105 ILCS 5/5-32
105 ILCS 5/7-02
105 ILCS 5/7-6
105 ILCS 5/7-11
105 ILCS 5/9-11.2
105 ILCS 5/9-12
105 ILCS 5/10-10
105 ILCS 5/10-10.5 new
105 ILCS 5/10-11
105 ILCS 5/10-16
105 ILCS 5/10-21.12
105 ILCS 5/11C-6
105 ILCS 5/11C-9
105 ILCS 5/Art.11E heading new
105 ILCS 5/11E-5 new
105 ILCS 5/11E-10 new
105 ILCS 5/11E-15 new
105 ILCS 5/11E-20 new
105 ILCS 5/11E-25 new
105 ILCS 5/11E-30 new
105 ILCS 5/11E-35 new
105 ILCS 5/11E-40 new
105 ILCS 5/11E-45 new
105 ILCS 5/11E-50 new
105 ILCS 5/11E-55 new
105 ILCS 5/11E-60 new
105 ILCS 5/11E-65 new
105 ILCS 5/11E-70 new
105 ILCS 5/11E-75 new
105 ILCS 5/11E-80 new
105 ILCS 5/11E-85 new
105 ILCS 5/11E-90 new
105 ILCS 5/11E-95 new
105 ILCS 5/11E-100 new
105 ILCS 5/11E-105 new
105 ILCS 5/11E-110 new
105 ILCS 5/11E-115 new
105 ILCS 5/11E-120 new
105 ILCS 5/11E-125 new
105 ILCS 5/11E-130 new
105 ILCS 5/11E-135 new
105 ILCS 5/18-8.05
105 ILCS 5/19-1
105 ILCS 5/20-2
105 ILCS 5/Art. 7A rep.
105 ILCS 5/Art. 11A rep.
105 ILCS 5/Art. 11B rep.
105 ILCS 5/Art. 11D rep.
105 ILCS 5/18-8.2 rep.
105 ILCS 5/18-8.3 rep.
105 ILCS 5/18-8.5 rep.
105 ILCS 555/5
Summary: Contains the Governor's school district reorganization proposal. According to the Governor, the bill is designed to “add greater flexibility and efficiency to the reorganization process, only include options that ensure any reorganization will be approved by the voters, ensure no reorganization will raise taxes without approval by voters in affected districts, and consolidate Articles 7A, 11A, 11B, and 11D of the School Code into new Article 11E.” The bill would:
• Eliminate minimum EAV and population requirements for formation of unit districts and school district combinations
• Eliminate size limits for school district conversions
• Authorize elementary districts within the same high school district to consolidate even if they are not contiguous
• Allow a unit district to be formed from a high school district and any elementary district that approves consolidation (may only be formed from dual territory with tax rates suggesting the newly formed district can be viable at unit district rates)
• Allow a high school district to combine with a unit district as long as both districts approve and are physically contiguous
• Standardize requirements for resident signatures or board approval of petitions for all types of reorganizations and
• Standardize hearing requirements and review and approval by the Regional Office of Education for all types of reorganizations
Last Action: Public Act 94-1019; Effective July 1, 2006.
SB 2898--Self Administration of Medication — Allergies
Sponsors: Senate: Hunter; House: Flowers
Chapter Reference: 105 ILCS 5/22-30
30 ILCS 805/8.30 new
Summary: In provisions that require a public or non-public school to permit the self-administration of medication by a pupil with asthma, the bill adds the requirement that the school also permit the self-administration of medication by a pupil with allergies by the use of an epinephrine auto-injector.
Last Action: Public Act 94-0792; Effective May 19, 2006
House Resolution: 765--Character Matters Month
Primary Sponsor: Ryg
Summary: Recognizes the month of May as Character Matters Month in the State of Illinois and urges schools to promote common ethical values.
Last Action: Adopted by the House.
House Resolution 770--Multiple Birth Children Policy
Primary Sponsor: Froehlich
Summary: Recommends that school districts develop a policy concerning the separation of multiple-birth children that considers multiples on a case-by-case basis, the preference of the parents, and the children's best interest.
Last Action: Adopted by the House.
House Resolution 1029--Encourage School Recycling
Primary Sponsor: Jakobsson
Summary: Urges all Illinois school districts to provide recycling containers in all Illinois public school cafeterias to allow and encourage students to recycle and help reduce waste in Illinois.
Last Action: Adopted by the House.
House Resolution 1084--Technology in the Classroom
Primary Sponsor: J.Bradley
Summary: Urges the incorporation of increased technology programs in the classroom and the provision of the appropriate training, hardware, software, and other resources needed to expand technology-based learning activities.
Last Action: Adopted by the House.
School personnel
HB 4125—Outpatient Speech Therapy Treatment Visits for PDD
Primary Sponsors: House: Flowers; Senate: Garrett
Chapter References: 215 ILCS 5/370c
215 ILS 125/5-3
Summary: Amends the Insurance Code to require that a group health benefit plan provide coverage for 20 additional outpatient visits for speech therapy for treatment of pervasive developmental disorders that will be in addition to outpatient speech therapy coverage already required by the Code.
Last Action: Public Act 94-906; Effective June 23, 2006.
HB 4202—Mental Health Outpatient Treatment Visits
Primary Sponsors: House: Lang; Senate:
Chapter References:
Summary: Amends the Insurance Code to provide that group health plans must cover 60 annual (formerly 35) outpatient visits for the treatment of serious mental illness.
Last Action: Public Act 94-921; Effective June 26, 2006.
HB 4463--Pension Credit for Teacher Aide
Primary Sponsors: House: Meyer; Senate: Dillard
Chapter References: 40 ILCS 5/20-109
30 ILCS 805/8.30 new
Summary: Amends the Retirement Systems Reciprocal Act of the Illinois Pension Code. In the definition of “pension credit”, it provides that the one-year limitation does not apply to persons who move from participation with a school district as a teacher aide under the Illinois Municipal Retirement Fund Article to participation under the Downstate Teacher Article of the Code.
Last Action: Public Act 94-834; Effective June 6, 2006.
HB 4541--Chicago Principal Pension Eligibility
Primary Sponsors: House: M. Davis; Senate: Martinez
Chapter Reference: 40 ILCS 5/17-106.1
Summary: The bill defines the term “administrator” as it pertains to the Chicago Public School Pension Code to include those employed in a position that requires the employee to use a Type 75 Certificate issued by the State Teacher Certification Board; those not included on the salary schedule for Chicago teachers; and, those paid on the administrative payroll.
Last Action: Public Act 94-912; Effective June 23, 2006.
HB 4987--Behavior Analyst
Primary Sponsors: House: Brauer; Senate: Bomke
Chapter References: 105 ILCS 5/14-1.10
105 ILCS 5/14-1.09d new
Summary: Amends the School Code to authorize the State Board to provide special education personnel reimbursement to a school district for the services of a behavioral analyst. The bill defines “behavioral analyst” as a person who is certified by the Behavioral Analyst Certification Board, a national certification body.
Last Action: Public Act 94-948; Effective June 27, 2006.
HB 5331--TRS Annuitant Work Days
Primary Sponsors: House: Eddy; Senate: Righter
Chapter Reference: 40 ILCS 5/16-118
Summary: Allows TRS annuitants to work for a school district for 120 paid days or 600 paid hours in each school year through June 30, 2011. The law was scheduled to sunset on June 30, 2006.
Last Action: Public Act 94-914; Effective June 23, 2006.
SB 49--Pension Changes to 6 percent Salary Limit
Primary Sponsors: Senate: Schoenberg; House: Gordon
Chapter References: 40 ILCS 5/14-108.3
40 ILCS 5/15-155
40 ILCS 5/15-168.1
40 ILCS 5/16-128
40 ILCS 5/16-158
40 ILCS 5/16-169.1
Summary: The bill addresses some of the consequences of last year's SB 27 (Public Act 94-0004) – specifically exempting some salary components from the 6 percent salary limitation. The bill:
• States that a school district reorganization constitutes a change in employment, thus exempting the salary from the 6 percent limitation
• Gives the local school district an opportunity to dispute the TRS penalty calculation places a July 1, 2011 expiration date on the changes
• Exempts from the 6 percent salary limitation “overload” work salary
• Exempts from the 6 percent salary limitation salary increases from an in-district promotion that requires a change in certificates
• Exempts from the 6 percent salary limitation salary paid to a teacher when the teacher is 10 or more years from retirement eligibility
• Exempts from the 6 percent salary limitation salary paid to a teacher from the State over which the school district has no discretion (Master Teacher stipend)
• Requires TRS to prepare a report that gives details of the costs and payments of the program
• Gives school districts 90 days (instead of 30 days) to pay the contribution to TRS. A school district may go beyond 90 days (up to 3 years) to make the payment, but would be assessed an 8 ½ percent interest charge by TRS
Last Action: Public Act 94-1057; Effective July 31, 2006.
SB 859—Grounds for Teacher Certification Revocation
Primary Sponsors: Senate: Maloney; House: Dugan
Chapter Reference: 105 ILCS 5/21-23
Summary: Under the grounds for revocation of a teacher's certificate, this bill adds the failure to disclose on an employment application any previous conviction for a sex offense.
Last Action: Public Act 94-991; Effective January 1, 2007.
SB 860--Principal Mentoring and Evaluation
Primary Sponsors: Senate: Demuzio; House: Smith
Chapter References: 105 ILCS 5/2-3.53a new
105 ILCS 5/10-23.8a
105 ILCS 5/21-5e new
105 ILCS 5/21-7.5 new
105 ILCS 5/21-7.10 new
105 ILCS 5/21-7.15 new
105 ILCS 5/24A-15 new
105 ILCS 5/34-18.33 new
Summary: Restructures the processes for the mentoring, evaluation, and induction of new principals in Illinois. Contains the following components:
• Establishes a new principal mentoring program on July 1, 2007 to allow experienced principals to serve as mentors to new principals during their first year as principal (subject to annual appropriations) • Any principal hired on or after July 1, 2007 must participate in the mentor program for the duration of his/her first year as principal
• Principals serving as mentors must have a minimum of three years of experience as a successful, instructional leader, attend mentor training sessions, and meet other requirements as stipulated by the Illinois State Board of Education
• The mentor and new principal will complete a verification form developed by the Illinois State Board of Education to certify mentor program completion
• An assistant principal acting under an administrative certificate for 5 or more years hired on or after July 1, 2007 as a principal by the same school district where he/she served as assistant principal may opt to participate in the mentor program. The employing school district may require participation of this principal in the mentoring program.
The bill also recommends that continuing professional development for renewal of an administrative certificate must include:
• Completion of an Administrators' Academy course in each of the 6 Interstate School Leaders Licensure Consortium standard areas in the first five years of serving as an administrator in a position that requires certification
• If the certificate holder evaluates certified staff, he/she must complete a one-day teacher evaluation course and participate in an additional 6 hours of Administrators' Academy-approved coursework
• Introduces a “Master Principal” designation program
• Requires each school district to establish a principal evaluation plan that must include the job duties and the standards to which the principal is expected to conform
• The evaluation, in writing, must be conducted by the superintendent, his/her designee, or a school board member who holds a registered Type 75 State administrative certificate
• Provides that failure to evaluate a principal at least once in the final year of the principal's contract by February 1st of each year is evidence that the principal is performing his/her duties and responsibilities in at least a satisfactory manner. Failure to evaluate by the February 1st date automatically extends the principal's contract for a period of one year beyond the expiration date of the contract
• Creates an alternative route to administrative certification for certain National Board certified teachers on or before July 1, 2007
Last Action: Public Act 94-1039; Effective July 20, 2006.
SB 2202--Early Childhood Certificate
Primary Sponsors: Senate: del Valle; House: Soto
Chapter Reference: 105 ILCS 5/21-2.1
Summary: Makes changes in the School Code regarding early childhood certificates pertaining to student teaching experience requirements.
Last Action: Public Act 94-1034; Effective July 14, 2006.
Budget
SB 176--Budget Implementation (Education)
Primary Sponsors: Senate: Schoenberg; House: Hannig
Chapter Reference: 20 ILCS 3915/4.5 new
30 ILCS 105/6z-67
105 ILCS 5/2-3.65a new
105 ILCS 5/2-3.131
105 ILCS 5/18-8.05
Summary: Makes legislative changes to implement the education-related provisions of the budget. The bill:
• Allows for the Transition Assistance payment to school districts to guarantee that no school district receives less State funding in Fiscal Year 2007 than it did in FY ‘06
• Increases the State education foundation level by $170 per pupil (from $5,164 to $5,334)
• Retains the poverty grant payment level at 100 percent
• Establishes procedures to distribute the Arts Education funding increase
Last Action: Public Act 94-835; Effective June 6, 2006.
SB 1520--Appropriations for Fiscal Year 2007
Primary Sponsors: Senate: Trotter; House: Madigan
Chapter Reference:
Summary: The bill contains the omnibus appropriations for all of State government for Fiscal Year 2007. For elementary and secondary education, the bill provides an increase of approximately $416 million over FY ‘06. Specifically, the bill:
• Increases the foundation level by $170 per pupil to a total of $5,334 per pupil ($238 was needed to reach this level)
• Prorates mandated categorical grant funding at the same level as FY ‘06 ($56 million was needed to reach this level)
• Increases the School Safety and Educational Improvement Block Grant (ADA Block Grant) by $10 million over FY ‘06
• Increases the Early Childhood Block Grant by $45 million over FY ‘06. This is necessary to fund the Governor's universal pre-school program
• Provides that the “poverty grant” would be funded at 100 percent
• Provides “transition assistance” funding of $11.8 million. This is to guarantee that no school district can receive less State funding in FY ‘07 than it did in FY ‘06
• Increases the Teacher Education/National Board Certification line item by nearly $5 million over FY ‘06
• Increases the bilingual education line item by $4.5 million over FY ‘06
• Increases the After School and Student Support Programs/Mentoring program funding by nearly $12 million over FY ‘06
• Increases the Arts and Foreign Language line item by $2 million over FY ‘06
• Increases the summer school line item by $500,000 over FY ‘06
• Increases the Alternative Learning/Regional Safe Schools line item by $500,000 over FY ‘06
• Increases the Truant Alternative Optional Education line item by $500,000 over FY ‘06
• Increases the Agriculture Education line item by $500,000 over FY ‘06
• Increases the Career and Technical Education line item by $500,000 over FY ‘06
• Increases the District Consolidation costs line item by $150,000 over FY ‘06
New line items in ISBE's budget for FY 07 include:
• $10 million for a new class size reduction grant necessary to fund the Governor's pilot program for class size reduction (contained in SB 2882)
• $5 million for grants to law enforcement agencies for school security
• $5 million for the School Technology Revolving Loan Fund that was “zeroed out” last year and not funded.
• $3 million for the “Children's Mental Health Partnership”
• $2 million for the Teacher Mentoring Pilot Project
• $1 million for costs associated with a Bullying Prevention program established in SB 2630
• $800,000 for a new principal mentoring program established in SB 860
• $500,000 for “Regional Superintendent Initiatives”
• $500,000 for “Building with Books”
• $500,000 for implementation of the ISBE's strategic plan
• $100,000 for “Autism Training and Technical Assistance”
Last Action: Public Act 94-0798; Effective July 1, 2006
School health and safety
HB 4193--Violent Offender Against Youth Registration Act
Primary Sponsors: House: Fritchey; Senate: del Valle
Chapter References: New Act
20 ILCS 2605/2605-35
30 ILCS 105/5.663 new
105 ILCS 5/10-21.9
105 ILCS 5/34-18.5
325 ILCS 40/6
730 ILCS 150/2
730 ILCS 150/8
730 ILCS 150/9
730 ILCS 152/101
Summary: Creates the Child Murderer and Violent Offender Against Youth Registration Act. Among the many new requirements under the Act, it requires law enforcement officials to notify school districts if a resident of the school district has registered as a violent offender against youth. It also requires school districts, before hiring applicants for employment, to check the newly created Statewide Child Murder and Violent Offender Against Youth Database, in addition to the statewide sex offender data base.
Last Action: Public Act 94-945; Effective June 27, 2006.
HB 5249--Sex Offender-Day Care
Primary Sponsors: House: Meyer; Senate: Dillard
Chapter Reference: 720 ILCS 5/11-9.4
Summary: Prohibits a child sex offender from residing within 500 feet of a child care institution, day care center, or a part-day child care facility. Under the provision that prohibits a child sex offender from working at certain child care facilities, it specifically adds day care center, part-day child care facility, child care institution, or school providing before and after school programs for children under 18 years of age, to the list of facilities under the prohibition.
Last Action: Public Act 94-925; Effective June 26, 2006.
SB 3016--Sex Offender Registration
Primary Sponsors: Senate: Dillard; House: Granberg
Chapter References: 730 ILCS 150/3
730 ILCS 152/115
730 ILCS 152/120
Summary: Among many new changes to the Sex Offender Registration Act, the bill requires the principal or teacher of a public or private elementary or secondary school to notify the parents of children attending the school during school registration or during parent-teacher conferences that information about sex offenders is available to the public as provided in the Act.
Last Action: Public Act 94-994; Effective January 1, 2007.